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Ord 2005-099
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Ord 2005-099
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Last modified
9/18/2007 4:17:49 PM
Creation date
8/27/2007 9:03:05 AM
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City Clerk
City Clerk - Type
Certificates of Obligation
Number
2005-99
Date
12/7/2005
Volume Book
164
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<br />the payment of its services until all Defeased Bonds shall have become due and payable or (3) any <br />combination of (1) and (2). At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as <br />aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the <br />benefits of, the revenues herein pledged as provided in this Ordinance, and such principal and interest shall <br />be payable solely from such money or Defeasance Securities. <br /> <br />(b) The deposit under clause (ii) of subsection (a) shall be deemed a payment of a Bond as <br />aforesaid when proper notice of redemption of such Bonds shall have been given or upon the establishment <br />of irrevokable provisions for the giving of such notice, in accordance with this Order. Any money so <br />deposited with the Paying Agent/Registrar or an eligible trust company or commercial bank as provided in <br />this Section may at the discretion of the City Council also be invested in Defeasance Securities, maturing <br />in the amounts and at the times as hereinbefore set forth, and all income from all Defeasance Securities in <br />possession of the Paying Agent/Registrar or an eligible trust company or commercial bank pursuant to this <br />Section which is not required for the payment of such Bond and premium, if any, and interest thereon with <br />respect to which such money has been so deposited, shall be remitted to the City Council. <br /> <br />(c) Notwithstanding any provision of any other Section of this Ordinance which may be contrary <br />to the provisions of this Section,.all money or Defeasance Securities set aside and held in trust pursuant to <br />the provisions of this Section for the payment of principal of the Bonds and premium, if any, and interest <br />thereon, shall be applied to and used solely for the payment of the particular Bonds and premium, if any, and <br />interest thereon, with respect to which such money or Defeasance Securities have been so set aside in trust. <br />Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the <br />services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and <br />the City shall make proper arrangements to provide and pay for such services as required by this Ordinance. <br /> <br />(d) Notwithstanding anything elsewhere in this Ordinance, if money or Defeasance Securities <br />have been deposited or set aside with the Paying Agent/Registrar or an eligible trust company or commercial <br />bank pursuant to this Section for the payment of Bonds and such Bonds shall not have in fact been actually <br />paid in full, no amendment of the provisions of this Section shall be made without the consent of the <br />registered owner of each Bond affected thereby. <br /> <br />(e) Notwithstanding the provisions of subsection (a) immediately above, to the extent that, upon <br />the defeasance of any Defeased Bond to be paid at its maturity, the City retains the right under Texas la,:" <br />to later call that Defeased Bond for redemption in accordance with the provisions of this Ordinance, the City <br />may call such Defeased Bond for redemption upon complying with the provisions of Texas law and upon <br />the satisfaction of the provisions of subsection (a) immediately above with respect to such Defeased Bond <br />as though it was being defeased at the time of the exercise of the option to redeem the Defeased Bond and <br />the effect of the redemption is taken into account in determining the sufficiency of the provisions made for <br />the payment of the Defeased Bond. <br /> <br />ARTICLE xm <br /> <br />CONTINUING DISCLOSURE UNDERTAKING <br /> <br />Section 13.01. Definitions. <br /> <br />As used in this Article, the following terms have the meanings ascribed to such terms below: <br /> <br />"MSRB" means the Municipal Securities Rulemaking Board. <br /> <br />"NRMSIR" means each person whom the SEe or its staff has determined to be a nationally <br />recognized municipal securities information repository within the meaning of the Rule from time to time. <br /> <br />San Marcos WS 2oo5A: Ordinance 11.16.2005 <br /> <br />32 <br />
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